HONGKONG DAILY PRESS
APPLICATION FOR LEAVE TO
AGAINST CONVICTION FOR MANSLAUGHTER IS
IS REFUSED
Shooting On Wharf In
Canton Recalled
Sentenced to four years' hard labour at the May Criminal Sessions by the Chief Justies when found Guilty of manslaughter, POST MOHAMED, 22, Indian guard employed by Messrs. Butterfield and Swire (Canton), brought an application for leave to appeal against his conviction and sentence on the grounds that there was insufficient evidence to bring in a verdict of guilty of man- slaughter and that the trial Judge had failed to direct the Jury on the question of manslaughter.
The application was heard to the Full Court of Appeal, compris ing the Putene Judge. Mr. Justice P. E. F. Cressal, and Mr. Justice J. A. Fraser, who held that there had not been any miscarriage ou justice and refused the application.
doubt that the act was legal but it was his submission that there was no evidence to support such a conclusion. The prosecution, Mr. Lee went on, made no attempt to discharge their onus of proof of the illegality of search and, to his mind, there was not strong enough evidence to prove the ille- gality of the act.
GENERAL
APPEAL
ROUND THE POLICE COURTS
AT CENTRAL
DEFEND, NTS REMANDED Pang Tim, 42, broker, and Ho 80, 27, boatman, were remanded until Continuing. Mr. Lee said that it tomorrow for further enquiries by seemed to him that there might Mr. H. G. Sheldon, K. C., yester- have been sufficient evidence from day on a charge of conspiring to which to revum a verdict of guilty steal a cheque for $4.809 of the of murder but there was not suffi! Men Cheong Bank, the pro- cient evidence to justify return ng perty of Wong Tick-sam, junk a verdict of guilty of manslaugh owner, of No. 23, Connaught Read
ter.
Mr. Williams. replying, said that 41 was well-known that juries Mohamed was charged with the more shots Lo the air but on generally took a merciful view of morder of a hawker. Kwok Man, bringing down his band he was such cases. They might have at the B. and S. wharf at Pak Hin struck by a bambeo and another und in favour of the appellant Hok, Canton, on May 22 last year. shot went off. At this shot he saw on the point of provocation and The jury returned a unanimous man
another lighter fall not on the legality or illegality verdict of Not Guilty of the charge : down.
his act.
of murder but found Mohamed Mr. Lee continuing, said thai Qulity of manslaughter by a ma the defence did not rely on any jority of five to two.
form of defence which would have Mr. H. W Lee, instructed by Mr the effect of reducing the charge M. A. da Silva, appeared for the to one of manslaughter. The de- appellant, while Mr. B. H. Wil-fence was that the death of the liams, Crown Counsel, was for the man was caused by the accidental Crown.
discharge of the revolver.
THE EVIDENCE
Dealing with the evidence ad duced by the prosecution, Mr. Les said applicant searched a man go- ing on to the whart and suspect ing biro of having contraband goods, attempted to arrest hire This man ran away and a con- siderable hue and cry was raised by Mohamed chasing him. The Crown alleged that having chased the man to a lighter some dis tance away, appellant took out his revolver and deliberately shot him dead.
JUDGES RULING Refusing the application. ustice Cressall said:-
A
of
Mr.
West.
Both defendants entered a plea of not guilty
Det. Sgt. J. Bentley is in charge of the case.
STREET SLEEPER VICTIMISED Before Mr. Sheldon yesterday Chan Shlu-ho, 30, was charged with stealing from the person of Wong Puk, 59, street sleeper. a purse containing four-cents in Hongkong! money and 12 Chinese copper cents at Connaught Road West, near Eastern Street, at $ a.m. on July
"As I understand it the argu ment of Counsel for the Applicant 18 that while there might have 17. been sufficient evidence before the Defendant was sentenced to two Jury to justify a verdict of mur-months hard labour. Mr. Lee made an application to der the fact remains that there add a further ground which was was not sufficient evidence to re-
Sgt. G. Davies prosecuted. opposed by the Crown Counsel as turn
HAWKER REWARDED verdiet of manslaughter. notice waS not given him until He also points out that the learn- Agtreet hawker was rewarded $10 late on Wednesday. Mr. Lee salded Trial Judge had failed to direct by the Police for helping in the ar- he regretted the delay. Appellant the Jury on the question of man-rest of an alleged snatcher. gave notice to appeal himself and laughter. The Trial Judge, how- This was revealed by Bgt, W. J. did not instruct his solicitor until ever, did direct the jury on the Wal; before Mr. G. T. Lowry yes- Saturday and he himself did not set of circumstances upon which terday, when Thau Tim, 38, coolle. receive, instructions until Monday they could return a verdict of, was sentenced to eight months' AMENDMENT ALLOWED manslaughter. He did not. It is hard labour for larceny of $100 Mr. Justice Cressall said he al- true, actually draw their attention Chinese currency from the person lowed the amendment because to the question of provocation, but of a 43-year-old amah, 8o King, of prisoner was unrepresented when that in our opinion is immaterial No. 42, Condutt Road. at Peel Street, be put in the appeal and counsel because the fact that he did not near Robinson Road, on July 18. for appellant bad received in- direct the Jury on each and other Defendant admitted two previous structions late. His Lordship add hypothetical cases of what is and convictions.
is not manslaughter does not -pre-
Evidence given by prisoner, sajd Mr. Lee, was the only evidence adduced for the defence and dif- ed that he hoped it might not act
RECEIVING CHARGE fered in two points. He said it as a precedent.
vent the Jury from returning a Further hearing of the committa) was his duty to search for conTM Regarding the summing-up by verdict of manslaughter the proceedings in which Chut Wan- traband and when the man ran the Trial Judge, Mr. Lee said that evidence supports such a verdict." cheung allas Chul Kal, 40, was away he gave chase. He lost sight there was no direction to the jury His Lordship concluded by say charged with receiving 383 bags of of the man in the crowd and, on the question of manslaughtering that there had not been any fertiliser, three bicycles, a bag of feeling that the crowd was hostile To return a verdict of guilty of miscarriage of Justice and there-sugar and 32 cases of matches. he fired two shots in the air. He manslaughter the jury
must be fore the application must be re-knowing same to be stolen or un-
ran to a lighter where he died two sutisfted beyond all reasonable fused.
CERTIFICATES,
PRESENTATION OF PRIZES AT NORTHCOTE] TRAINING COLLEGE
Need For Practical School Stressed By Mr. D. J. Sloss
PRESENTING CERTIFICATES AND PRIZES TO SUCCESSFUL STUDENTS AT NORTHCOTE TRAINING COLLEGE yesterday, Mr. D J. Sloss. Vice-Chancellor of the University, said that he would take the opportunity afforded him by the occasion to publicly congra- tolate Mr. C. G. Sollis, the Director of Education, on the persistent manner in which he had fought for the erection of the Training College
Ho
What was yet needed, Mr. Shosa said, was an súdiilen to the College in the form of a practical school where students could take classes under, supervision of special leçfarers and instructors. had no doubt that Mr. Soils would try squally hard to obtain this much-needed extension.
JUBILEE OF
CHINESE SAPPERS
FRIDAY, JULY 18, 1941. —PAGE 5
COTTON UNDERWEAR
VESTS AND PANTEES
TO MATCH-
PEACH AND WHITE
SIZES:-
WMS. AND OS.
• PRICE:-
LANE
•
FROM $
225
PER GARMENT,
CRAWFORD • LTD.
The
Ladies Salon
MEZZANINE FLOOR.
The House of Quality & Service.
5252415252525252525
lawfully obtained, on May 30, was speaking in English thus; am adjourned to July 24 by Mr. Ander-not a woman. I am a girÌ.” |son yesterday.
She reiterated; "I don't like Accused was further charged with you to call me a woman. I am receiving jùng No. 19808H, a|a gl)."
quantity of clothing, and 40 bags Defendant pleaded guilty and of beans, 20 drums of soda and was remanded until today for
medicine, knowing same caning. to have been stolen or unlawfully obtained, on May 30.
one case
MARINE STORES
Five men, Ho Man, 49, Wan Mr. C. D'Almada represented Chung, 24, Lo Bun, 42, Leung Yusn, accused, whille Det.-Sub. Insp. A, V. 54, and Yặp Hipg, 38, licensed lorry Estall, assisted by Bgk W J. D. driver, were charged before Major Cameron, prosecuted.
A. N. Macfadyen yesterday with The programme in connexion
FRUIT SHOP FINED possession of marine stores and with the Jublice celebration of the Twang Put-kwan, foki of the being unable to give a satisfactory Chinese Section of the Fortress Ching Hong fruit shop at No. 357 account thereof in Shaukiwan on Royal Engineers on August 1, will Nathan Road, was summoned May 9, include a parade at 8 am at Mur before Mr. Macnamara yesterday First, third and fourth defend- ray Parade Ground; at which the for opentug shop after the ants, who were on $75 ball each. salute will probably be taken by closing hour of 8 p.m. and fined were represented by Mr. C. A His Excellency the Governor, a $75.
Sutherton Russ, and second de- swhonifng... galá, In the afternoon
agt. J. Whiteroft stated that defendant, who was on $250 ball, by at the Army Fool and a dinner in tendant had a previous conviction Mr. M. A da Elva the evening at Wellington Bar-for a similar okence and on June
Sgt. L. Kinloch prosecuted, racks.
[2] xt 4,30 nm, he saw the Khop A pólica constable on duty in Chinese Members of Councils in question still open and two cul- King's Road-near Mount Parker and other prominent Chinese re-tomers were buying things from Road, stopped a lorry driven by sidents of the Colony will be the shop,
Afth defendant travelling from Among those present at the dis- į Medical Department. In Septem-guests. tribution of prizes were Mr. Sollis, ber 1940, Mr. W. J. Dyer joined the
A FALSE PRETENCES --
east to west and found it to te It was on Aug. 1. 1801 that the Director of Education. Mr. H. G.staff of the college as senior lec-first Chinese-Sapper was sittested.
Choi Kam-chau, 17, described as loaded with six gunny bags of Wallington, Principal of King's tirer on the English side and later He was Cherng So, who died soura messenger boy employed at old metal College, Mr. M. G. O'Connor, Prin- Mr. S. G. Davis and Mrs. B. Ashton- seven years ago, are at bound over in the sum of $50 for goods were identined by the four Later, at the Police Station, the Messre, Gilman and Company, was] cipat of Queen's College, miss Bas-Hill were posted to the staff present over 200 Chithers Sappers combe, Principal of the Bellios Mr. N. M. Yuen and Mr. C. X. Law The Military Authorities state one year by Mr. Sheldon yesterday defendants as the property.. Public School, the Rev. W. also joined the staff at the same that recruiting has never been for obtaining a monthly tram In evidence yesterday, the first Martin, Warden of St. Stephen's time on the Chinese side.
ticket by false pretences at the four defendants stated that they College Professor Chow Kheule.
Recruiting arrangements
Hongkong Tramwaye town office collected the metal from various hf the Ministry of Education,
On the 17th of March the new originally all regimental, but in Gloucester Arcade on July 2 households as they went onto the Chungking, Professor V. K. Chu, buliding was taken over and due Command Board has been formed Mr W. Mackinlag appeared streets daily and were going to Dean of Lingnan University. Dr. to the considerable amount of hard recently to recruit both for the for the prosecution, while Det-sell it to a marine stores shop. Liang Shao-won and many others work by the staff, pupils and the Royal Engineers and the Royal 6st. J. Bentley was present for the They added that they had no rea
Furniture Department, P.W.D. the Artillery,
PRINCIPAL'S BEFORT
NEW BUILDING...
difficult, DOMĚNA
In presenting his annual report, entire changeover, was completed Chinese
number of books were added on
which also
were
enlista
son to believe that it was stolen Police,
It had been stated at the original property hearing that a Mt, Hussam went fth defendant testined that he to renew his ticket. After paying 16, was aniployed and paid by the
and Mr. Stea, the Magistrate said. that he would deliver judgment tomorrow at 11.30 2470.
Mr. T. O. Rowell, Principal of the during a week-end. A considerable Training College, saldi~
Mr. Bloss. Mr. Sollis, Ladies and loan to the library when the Hong-organised dances, debates, games he left the premises for a short other defendants to take the goods Gentlemen!--
kong Public Library closed down, and several successful dinner parle, and when he returned, he to the Central district, and that he This occasion marks a real mile- We have also taken over the Eventles. They have also entertained found out that his steket had been did not know at the time what
was inside the bags stone in the history of the North- ing Institute Library and full use studente from some of the Chinese taken by someone. cote Training College. For the first has been made of the literature Universities in Hongkong and a Defendant was arrested a few, After submissions by Mr. Huss time our students are going out avaliable,
the local committee of the Hong days later using the ticket into the world as teachers after
'THE YEAR'S WORK
kong. Branch of the China · Educa-
NOT A WOMAN! having spent two years in pre- The result of the year's work and tion Society.
When being referred paration for it. I will first present study may be summarized by pre I sincerely hope that those stu- woman in k-esas a brief report on the activities of senting the results of the annual dents who have completed their doeldon yesterday, the college, during the year.
examinations. In the second year two years training will continue the The highest number on the roll out of 20 students in the English to be members of the association but was, B4, but this dwindled to 79 by class 20 gained teaching certin until such times as their numbere the end of the rear. The numbers cates and in the Chinese class 17 become big enough to form were divided as 40 in the first year were successful but at the tops of students asociation, of the and 38 in the second year in Bet 17tudents. No external examina- VISITING LECTURERE tember last, and 42 and 87, at the tibias were taken but in the final During the year there have end of the session. The allogeninations external examiners lectures by outside was open on 237 days and måten from the Universities of Hongkong Hor
Drab
with
man:
AT KOWLOON
EMBEZZLER GAOLED wh one in which Ng Lat Kenz, 34, salesman, of No. unemployed, was target 502 Shanghal Street, third floor, stealing from, the person of was sentenced to three months'
yau 21. female, of Na hard labour by
rest, escond, door, a derson yesterday when he wis
charged with fraudulently
1941
Tel. 28151.
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dance on the whole was not spoiled and Lingnan were engaged in such
by lineden bukan subjects, Practical: Tenokipa,
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